Monday, May 12, 2008
Posted by D. Daniel Sokol
ABSTRACT: The Microsoft judgment was a big decision in the sense that it is long and concerns an important company. If it can be called a landmark decision, what sort of landmark is it? This article considers whether — at least on the interoperability side of the case — the Microsoft judgment can really be seen as important and, in doing so, makes certain observations about the tests applied and problems remaining in relation to refusal to supply cases. The article concludes that, at least on the interoperability side of the case, the decision does not break new ground and leaves unresolved various problems in relation to the relevant legal tests.